Durrell v. State of New York
- Colleen McMahon
- 1:20-cv-03761
- U.S. District Court · Southern District of New York
- 3
In Durrell v. State of New York, Judge McMahon ordered released plaintiff Robert Durrell to pay fees or submit an amended application to proceed without prepayment.
Robert Durrell, who must either pay the required fees or submit an amended application to proceed without prepayment, and must update his address within thirty days.
What happened
In Durrell v. State of New York, Robert Durrell was incarcerated when he filed the case but had been released by the time the court considered his request to proceed without prepaying fees. Because his custody status had changed, the court required updated financial information.
Within thirty days, Durrell had to either pay $400 in filing and administrative fees or submit an amended application showing that he qualified to proceed without prepaying fees. He also had to update his address with the court. No summons would issue at that time.
Judge McMahon ordered these steps and stated that the case would be dismissed without prejudice if Durrell did not comply within thirty days. The court also denied fee-free status for any appeal from the order.
The detailed version
- Durrell v. State of New York · No. 1:20-cv-03761
- Colleen McMahon
- July 8, 2020
Background
Robert Durrell filed this action while incarcerated at Downstate Correctional Facility and was therefore a “prisoner” under the Prison Litigation Reform Act. He was proceeding without a lawyer. The court learned from public records that Durrell had since been released from custody.
The court explained that, after a prisoner is released, the obligation to pay filing fees is determined like any other non-prisoner’s obligation: by whether the person qualifies to proceed without prepaying fees. The court therefore did not resolve Durrell’s underlying claims in this order.
Required action
The court gave Durrell thirty days to choose between two options:
1. Pay $400 in required fees, consisting of a $350 filing fee and a $50 administrative fee; or 2. Complete and submit an amended application to proceed without prepaying fees, labeled with docket number 1:20-CV-3761 (CM).
Durrell also had to update his address of record within thirty days. The court directed the Clerk of Court to mail him the order and record service. No summons would issue at that time.
Disposition
The court ordered Durrell to pay the fees or submit the amended application and to update his address. It stated that, if he failed to comply within the allowed time, it would dismiss the action without prejudice to refiling. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.